So here's the dilly-o with the situation:
Lawyers from the Hasbro Corporation got in touch and told me that I had to change the name of the "Bad Memory Game" on this site because it infringes on their "Memory®" trademark. Although I explained that I don't make money off the game and never have in the past... they still insist.
I can't really afford to argue with a major corporation right now so the name will be changing. We'll have a vote next week to decide on the NEW NAME.
courtesy to you, here's a long
TOYS that have been recalled over the years.
The injuries caused to small children and babies by these Hasbro "toys" or products include: Facial lacerations that required stitches, eye injuries including incidents of temporary blindness, broken teeth, allergy related illness, skin burns, skull fracture, mild concussions, broken ribs, choking hazards, black eyes, and death.
Whenever you buy a toy for your child or baby remember how important it is to have trust in the manufacturer.
Here's their letter:
To: [email protected]
Subject: Infringement of MEMORY® Game Trademark
Date: Mon, 26 Jun 2006 14:08:07 -0400
June 26, 2006
Re: Infringement of MEMORY® Game Trademark
We are counsel for Hasbro, Inc. ("Hasbro"), the
owner of the trademark
in the United States for the famous MEMORY® Game card matching game.
We have recently become aware that you have made a
card matching game
available on your website, www.oddtodd.com/concentration/memory.htm,
called "The (Bad) Memory Game.
Your unauthorized use of the MEMORY® name and
trademark in connection
with a card matching game violates the federal trademark laws,
including 15 U.S.C. §§ 1114(1) and 1125(a), by creating a likelihood of
confusion with respect to Hasbro's authorization or sponsorship of or
association with your commercial activities. It is also likely to
dilute the distinctive quality of the MEMORY® name and hamper its
ability to function as a source-identifying trademark in violation of
15 U.S.C. § 1125(c) and the laws of various states.
We therefore demand that you immediately cease and
desist from any
further use of the MEMORY® game name and trademark in connection with a
card matching game and that you provide Hasbro a written assurance that
you will not make any further unauthorized use of the MEMORY® game name
Please confirm to me in writing as soon as possible,
and in any event
within ten days, your agreement to the above. This letter does not
purport to be a complete statement of the facts or the law and is
without prejudice to Hasbro's legal and equitable rights.
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036-6710